Terms and Conditions of Sale
1.1 In these Terms and Conditions:
(1) “Agreement” means these Terms and the Order Form taken together.
(2) “Business Day” means a day on which banks are open for usual banking business in Sydney, New South Wales, excluding Saturdays, Sundays and days that are public holidays in New South Wales.
(3) “Customer” means you or the party on whose behalf you enter into the Agreement.
(4) “Including” and similar words are not words of limitation.
(5) “Order Form” means the online order form to be completed by the Customer in relation to the purchase of the Product.
(6) “Price” has the meaning given in clause 2.1.
(7) “Product” means any goods that are specified on the Order Form as the product that the Customer wishes to purchase or license (as applicable) pursuant to the Agreement.
(8) “Terms” means these Terms and Conditions.
1.2 These are the Terms and Conditions that govern the sale or licensing of the Products to the Customer by The Robards Method Pty Ltd ACN 604 365 228 (TRM) via its website (“http://www.TRM.com” or other related websites) (Website).
1.3 By submitting the Order Form to TRM, you are offering to purchase the Purchased Products and license the Licensed Products at the price specified in the Order Form, subject to these Terms. Your offer is only accepted by TRM when payment has been accepted and confirmed by TRM, and an order confirmation is sent by TRM to your email.
1.4 The Customer warrants that he or she is over 18 years of age. If a person is under 18 years of age and wishes to purchase or license the Products, the person must obtain his or her parent or guardian’s consent and agreement to the Terms. The parent or guardian will be the Customer for the purposes of the Terms.
1.5 The Terms have been prepared in accordance with Australian law, but may not satisfy the laws of other countries. If the Customer resides in, or accesses this Website from, a country other than Australia (User Country), the Customer acknowledges that:
(1) if the Terms satisfy the laws of the User Country, then the Customer is entitled to accept the Terms and be bound by the Terms; and
(2) if the Terms do not satisfy the laws of the User Country, then the Customer must not accept the Terms. If the Customer does so, then the Customer must indemnify TRM for any loss, costs, liability or damage which TRM may incur as a result.
2.1 The price payable by the Customer is the total of the price of the Products selected by the Customer in the Order Form (Price), including goods and services tax, postage, insurance and handling (if applicable) and any administrative charges relevant for a particular payment method. If you are a TRM member, you will need to log in to your TRM account via the Website before purchasing any Products in order to receive any discounts or Price reductions on Products that TRM may offer from time to time. If you do not log in to your TRM account before purchasing any Products, you are not entitled to (and TRM is not obliged or liable to provide) any refund, credit, future discount, Voucher or other compensation that reflects the amount of the discount or Price reduction that you would have received had you first logged in to your TRM account before purchasing the relevant Product(s).
2.2 The Price must be paid in full immediately upon entry into the Agreement. Time is of the essence in respect of the Customer’s obligation to make payment. All payments must be made in the currency provided by the payment method selected by the Customer on the Order Form, which is completed upon confirmation by the Website.
2.3 The Customer must not send cash or cheque payments.
2A Use of Vouchers
2A.1 Despite clause 2.2, part or all of the Price in respect of any Order Form may be paid by the Customer by applying a single Voucher during the check-out process for the Order Form. Multiple Vouchers may not be used in the same transaction. The Customer will only be required to pay the balance, if any, of the total Price payable in respect of all Products specified in that Order Form that remains after all valid Vouchers (as determined under clause 2A.2) have been applied.
2A.2 Vouchers are only valid for use in relation to Order Forms where the shipping or delivery address for the Products is within Australia. Vouchers will be valid for the period stated by TRM, if no period is stated, the voucher will be valid for the period of 12 months from the date that the Voucher was issued by TRM. After this period, the Voucher expires and may no longer be used by the Customer. Upon such expiry, the Customer irrevocably waives any rights it may have against TRM in relation to, and releases TRM from any liability to the Customer for, the provision of the discount specified in that expired Voucher. If TRM reasonably believes that the Customer is or has been involved in any form of fraud or abuse in relation to a Voucher issued to that Customer , then TRM may (in its sole and unfettered discretion and without any liability whatsoever to the Customer) immediately cancel that Voucher.
The Customer irrevocably waives any rights it may have against TRM in relation to, and releases TRM from any liability to the Customer for, the improper use of the Voucher by the customer.
3 Delivery and risk
3.1 Subject to the Customer paying the Price, TRM will use reasonable endeavours to deliver the Product to the delivery address nominated on the Order Form (Delivery Address). TRM will arrange for the delivery within approximately 5 Business Days after the date of the Agreement. The order confirmation email sent by TRM will indicate the approximate date of delivery.
3.2 The date of delivery notified by TRM is an estimate only and TRM will not be liable for any loss or damage caused if the Product is not available or delivered by that date. Similarly, any delay does not relieve the Customer from the Customer’s obligation to accept delivery of and pay for the Product.
3.3 Despite clause 3.2, if TRM is unable to deliver or supply the Product within 21 Business Days of the date of the Agreement, then:
(1) the Customer may terminate the Agreement by notifying TRM in writing; and
(2) the Price will then be refunded to the Customer in full (to the extent that the Customer has paid it).
3.4 The Product will be deemed to have been delivered to the Customer, and the Customer will be deemed to have accepted delivery if any person at the Delivery Address acknowledges delivery in writing, whether or not that person is the Customer.
3.5 If the Product is delivered to the Delivery Address, but the Customer (or a person at the address) is unable or unwilling to acknowledge delivery of the Product in writing, then TRM or its delivery service provider will follow its customary procedures for undelivered goods, which may including leaving a note requesting the Customer to the pick up the Product, or leaving the Product at the Delivery Address.
3.6 Where the Product is delivered in accordance with clause 3.5:
(1) the Product is deemed to be delivered to the Customer;
(2) the Customer is deemed to have accepted delivery; and
(3) TRM is not liable for any loss or damage that may be suffered or incurred as a result of leaving the Product at the Delivery Address.
3.7 Subject to the Customer paying the Price, title and risk in the Product will pass to the Customer immediately upon dispatch of Product by TRM.
4 Cancellation by TRM
4.1 To the extent permitted by law, TRM may at any time prior to the delivery of the Product cancel any orders placed by the Customer (even if previously accepted by TRM) for any reason including:
(1) any payment made by the Customer is subsequently cancelled or dishonoured;
(2) TRM does not have the Product in stock and cannot obtain it or the price charged to TRM by the supplier of the Product has increased; or
(3) TRM has inadvertently displayed any errors on the Website including incorrect prices, descriptions or illustrations or typographical errors or has indicated Products are available when they are not.
4.2 If TRM cancels an order in such circumstances, then the Price will be refunded to the Customer in full (to the extent that the Customer has paid it).
5 Returns and refunds
5.1 If the Customer is not satisfied with the Product, then the Customer may, within 7 days after purchase of the Product, request a refund from TRM by notifying TRM by email at email@example.com. The request for refund must include the following information:
(1) the name and contact details of the Customer;
(2) the Purchased Product, date of purchase and Price; and
(3) the reason why the Customer is not satisfied with the Product.
5.2 If the Customer follows the above procedure, TRM will refund the Price to the Customer in full (to the extent that the Customer has paid it), less any amounts deducted pursuant to clause 5.4.
5.3 Unless otherwise notified by TRM, the Customer must return the Product to TRM in a condition substantially as good as when the Product was delivered or collected. The Customer is responsible for arranging any return freight. TRM may withhold any refund until the Customer has returned the Product to TRM.
5.4 TRM may charge the Customer the following costs in connection with a refund request by the Customer (where allowed by law):
(1) any damage to, or depreciation in the value of, the Product caused by the Customer failing to take reasonable care of the Product; and
(2) the shipping and delivery cost that TRM incurred in delivering the Product to the Customer.
5.5 The Products come with guarantees that cannot be excluded under Australia Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and that failure does not amount to a major failure. This clause 5 does not override, and is in addition to, your other rights and remedies under law.
6 Size and measurements
6.1 In respect of any Product that is clothing or garment, the Customer acknowledges that the nature of the Product is such that there are no standardised size measurements. Accordingly, the ‘size’ stated for a Product on the Website is only a general guide as to the physical measurements of the Product.
6.2 To the extent permitted by law, TRM excludes any warranties, terms or conditions that:
(1) the ‘sizes’ stated in relation to the Product conform to any particular standard; or
(2)that the ‘size’ for a particular type or range of Product corresponds with the ‘size’ of another type or range of Product.
6.3 The Customer acknowledges that, except as provided for in clause 5, no refund, return or replacement will be provided where the sole reason for the request is that the wrong size was ordered.
7 Disclaimers and warranties
7.1 To the maximum extent permitted by law and subject to the remaining provision of this clause 7, TRM excludes all representations, warranties, terms, statutory guarantee, conditions and undertakings in respect of the Product and any other goods or services provided in connection with the Agreement.
7.2 The Customer acknowledges that:
(1) the information, advice and opinions contained in the Product (including any statements and benefits stated on the packaging of the Products) are for general information purposes only, and TRM does not warrant any outcomes or results for following the information, advice or opinions contained in the Product;
(2) the Product is not designed or customised for the Customer or the Customer’s specific circumstances;
(3) the Customer should seek specific professional healthcare advice in relation to any actions that the Customer may wish to take in reliance on TRM Products; and
(4) to the maximum extent permitted by law, TRM does not accept any responsibility for any loss, damage, liability or cost which may arise from use or reliance on the Product.
7.3 In relation to any condition, warranty, statutory guarantee or representation expressly made in the Agreement or implied by law that cannot be lawfully excluded (Prescribed Terms), the Prescribed Terms are incorporated in the Agreement.
7.4 To the extent permitted by law, a representation, warranty or Prescribed Term will not apply to any fault or failure if it has been caused by accidental or deliberate damage, neglect or misuse, in each case by either you or a third party, or is a result of general wear and tear.
7.5 TRM’s liability in relation to any representation, warranty or Prescribed Terms or otherwise in connection with the Agreement or Products is, to the maximum extent permitted by law, and at TRM’s discretion, limited to the resupply of Product or equivalent goods, the repair of the Product or the payment to the Customer of the cost of having the Product repaired or supplied again. However, clauses 7 and 8 do not exclude or restrict any rights or remedies that you may have in relation to a “major failure”, as that term is defined in the Competition and Consumer Act 2010 (Cth).
8.1 To the maximum extent permitted by law, TRM will not be liable to the Customer in any circumstances for any indirect, economic, punitive, exemplary, special or consequential loss or damage, or in any event for any property damage, personal injury, death, loss of use, loss of revenue, loss of production, loss of profit or loss of data.
8.2 Without limiting clauses 7.1, 7.2(4), 7.4, 7.5 and 8.1, to the maximum extent permitted by law, TRM’s liability to the Customer on any basis and in any circumstances (including liability for negligence) in connection with the Agreement will not exceed the Price actually paid by the Customer to TRM under the Agreement.
9.1 For the purposes of any refund under the Agreement, if the Customer has paid the Price (or any part thereof) by applying a Voucher under clause 2A, then TRM may (at its discretion) refund the amount of the Price (or part thereof) by re-issuing an equivalent Voucher to the Customer.
9.2 An amendment or variation to the Agreement is not effective unless it is in writing and signed by the parties.
9.3 The Agreement is not subject to any terms or conditions proposed by the Customer.
9.4 The Customer may not assign or otherwise deal with the Agreement or its benefit except with the prior written consent of TRM.
9.5 Failure of either party to enforce any right it has under these Terms or the Agreement will not be construed as a waiver of those rights, nor limitation upon the party’s ability to subsequently exercise those rights.
9.6 The Agreement is governed by the laws of New South Wales, and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.
9.7 If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect.
9.8 TRM may be notified by email at firstname.lastname@example.org or post to The Robards Method, PO Box 370, Mosman, NSW, 2088, Australia